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The
Hague Agreement |
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Concerning
the International Deposit of Industrial Designs |
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of November
6, 1925 |
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Complementary
Act of Stockholm |
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of July 14,
1967 |
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as amended on
September 28, 1979 |
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Bibliographic
data |
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42EQuater |
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Organization:
WIPO |
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Short title:
Hague Agreement: Add. Act Stockholm 1967 |
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Subject matter:
DES |
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Text
Identifier: WO-HAS |
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Published in
"Industrial Property": 1979.07-08 |
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1980.03 |
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Reference in
collection of L&T: WO 4-001 |
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WIPO
Publication N° 262(E) |
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WDN: 3658p_4 |
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For the
purposes of this Complementary Act: |
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"1934
Act" |
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shall mean the
Act signed at London on June 2, 1934, of the Hague Agreement
concerning the International Deposit of Industrial Designs; |
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"1960
Act" |
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shall mean the
Act signed at The Hague on November 28, 1960, of the Hague
Agreement concerning the International Deposit of Industrial
Designs; |
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"1961
Additional Act" |
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shall mean the
Act signed at Monaco on November 18, 1961, additional to the
1934 Act; |
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"Organization" |
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shall mean the
World Intellectual Property Organization; |
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"International
Bureau" |
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shall mean the
International Bureau of Intellectual Property; |
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"Director
General" |
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shall mean the
Director General of the Organization; |
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"Special
Union" |
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shall mean the
Hague Union established by the Hague Agreement of November
6, 1925, concerning the International Deposit of Industrial
Designs, and maintained by the 1934 and 1960 Acts, by the
1961 Additional Act, and by this Complementary Act, |
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(a) |
The
Special Union shall have an Assembly consisting of those
countries which have ratified or acceded to this
Complementary Act. |
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(b) |
The
Government of each country shall be represented by one
delegate, who may be assisted by alternate delegates,
advisors, and experts. |
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(c) |
The
expenses of each delegation shall be borne by the Government
which has appointed it. |
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deal
with all matters concerning the maintenance and development
of the Special Union and the implementation of this
Agreement; |
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give
directions to the International Bureau concerning the
preparation for conferences of revision, due account being
taken of any comments made by those countries of the Special
Union which have not ratified or acceded to this
Complementary Act; |
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modify
the Regulations, including the fixation of the amounts of
the fees relating to the international deposit of industrial
designs; |
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review
and approve the reports and activities of the Director
General concerning the Special Union, and give him all
necessary instructions concerning matters within the
competence of the Special Union; |
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determine
the program and adopt the biennial budget of the Special
Union, and approve its final accounts; |
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adopt
the financial regulations of the Special Union; |
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establish
such committees of experts and working groups as it may deem
necessary to achieve the objectives of the Special Union; |
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determine
which countries not members of the Special Union and which
intergovernmental and international non-governmental
organizations shall be admitted to its meetings as
observers; |
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adopt
amendments to Articles 2 to 5; |
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take
any other appropriate action designed to further the
objectives of the Special Union; |
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perform
such other functions as are appropriate under this
Complementary Act. |
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(b) |
With
respect to matters which are of interest also to other
Unions administered by the Organization, the Assembly shall
make its decisions after having heard the advice of the
Coordination Committee of the Organization. |
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(a) |
Each
country member of the Assembly shall have one vote. |
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(b) |
One-half
of the countries members of the Assembly shall constitute a
quorum. |
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(c) |
Notwithstanding
the provisions of subparagraph (b), if, in any session, the
number of countries represented is less than one-half but
equal to or more than one-third of the countries members of
the Assembly, the Assembly may make decisions but, with the
exception of decisions concerning its own procedure, all
such decisions shall take effect only if the conditions set
forth hereinafter are fulfilled. The International Bureau
shall communicate the said decisions to the countries
members of the Assembly which were not represented and shall
invite them to express in writing their vote or abstention
within a period of three months from the date of the
communication. If, at the expiration of this period, the
number of countries having thus expressed their vote or
abstention attains the number of countries which was lacking
for attaining the quorum in the session itself, such
decisions shall take effect provided that at the same time
the required majority still obtains. |
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(d) |
Subject
to the provisions of Article 5(2), the decisions of the
Assembly shall require two-thirds of the votes cast. |
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(e) |
Abstentions
shall not be considered as votes. |
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(f) |
A
delegate may represent, and vote in the name of, one country
only. |
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(g) |
Countries
of the Special Union not members of the Assembly shall be
admitted to the meetings of the latter as observers. |
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(a) |
The
Assembly shall meet once in every second calendar year in
ordinary session upon convocation by the Director General
and, in the absence of exceptionnal circumstances, during
the same period and at the same place as the General
Assembly of the Organization. |
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(b) |
The
Assembly shall meet in extraordinary session upon
convocation by the Director General, at the request of
one-fourth of the countries members of the Assembly. |
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(c) |
The
agenda of each session shall be prepared by the Director
General. |
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(5) |
The
Assembly shall adopt its own rules of procedure. |
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Article 3 |
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[International
Bureau] |
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(a) |
International
deposit of industrial designs and related duties, as well as
all other administrative tasks concerning the Special Union,
shall be performed by the International Bureau. |
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(b) |
In
particular, the International Bureau shall prepare the
meetings and provide the secretariat of the Assembly and of
such committees of experts and working groups as may have
been established by the Assembly. |
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(c) |
The
Director General shall be the chief executive of the Special
Union and shall represent the Special Union. |
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(2) |
The
Director General and any staff member designated by him
shall participate, without the right to vote, in all
meetings of the Assembly and of such committees of experts
or working groups as may have been established by the
Assembly. The Director General, or a staff member designated
by him, shall be ex officio secretary of those bodies. |
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(a) |
The
International Bureau shall, in accordance with the
directions of the Assembly, make the preparations for the
conferences of revision of the provisions of the Agreement. |
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(b) |
The
International Bureau may consult with intergovernmental and
international non-governmental organizations concerning
preparations for conferences of revision. |
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(c) |
The
Director General and persons designated by him shall take
part, without the right to vote, in the discussions at those
conferences. |
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(4) |
The
International Bureau shall carry out any other tasks
assigned to it. |
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(a) |
The
Special Union shall have a budget. |
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(b) |
The
budget of the Special Union shall include the income and
expenses proper to the Special Union, its contribution to
the budget of expenses common to the Unions, and, where
applicable, the sum made available to the budget of the
Conference of the Organization. |
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(c) |
Expenses
not attributable exclusively to the Special Union but also
to one or more other Unions administered by the Organization
shall be deemed to be expenses common to the Unions. The
share of the Special Union in such common expenses shall be
in proportion to the interest the Special Union has in them. |
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(2) |
The
budget of the Special Union shall be established with due
regard to the requirements of coordination with the budgets
of the other Unions administered by the Organization. |
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(3) |
The
budget of the Special Union shall be financed from the
following sources: |
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international
deposit fees and other fees and charges due for other
services rendered by the International Bureau in relation to
the Special Union; |
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sale
of, or royalties on, the publications of the International
Bureau concerning the Special Union; |
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gifts,
bequests, and subventions; |
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rents,
interests, and other miscellaneous income. |
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(a) |
The
amounts of the fees referred to in paragraph (3)(i) shall be
fixed by the Assembly on the proposal of the Director
General. |
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(b) |
The
amounts of such fees shall be so fixed that the revenues of
the Special Union from fees and other sources shall be at
least sufficient to cover the expenses of the International
Bureau concerning the Special Union. |
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(c) |
If
the budget is not adopted before the beginning of a new
financial period, it shall be at the same level as the
budget of the previous year, as provided in the financial
regulations. |
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(5) |
Subject
to the provisions of paragraph (4)(a), the amount of the
fees and charges due for other services rendered by the
International Bureau in relation to the Special Union shall
be established, and shall be reported to the Assembly, by
the Director General. |
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(a) |
The
Special Union shall have a working capital fund which shall
be constituted by the excess receipts and, if such excess
does not suffice, by a single payment made by each country
of the Special Union. If the fund becomes insufficient, the
Assembly shall decide to increase it. |
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(b) |
The
amount of the initial payment of each country to the said
fund or of its participation in the increase thereof shall
be a proportion of the contribution of that country as a
member of the Paris Union for the Protection of Industrial
Property to the budget of the said Union for the year in
which the fund is established or the decision to increase it
is made. |
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(c) |
The
proportion and the terms of payment shall be fixed by the
Assembly on the proposal of the Director General and after
it has heard the advice of the Coordination Committee of the
Organization. |
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(a) |
In
the headquarters agreement concluded with the country on the
territory of which the Organization has its headquarters, it
shall be provided that, whenever the working capital fund is
insufficient, such country shall grant advances. The amount
of those advances and the conditions on which they are
granted shall be the subject of separate agreements, in each
case, between such country and the Organization. |
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(b) |
The
country referred to in subparagraph (a) and the Organization
shall each have the right to denounce the obligation to
grant advances, by written notification. Denunciation shall
take effect three years after the end of the year in which
it has been notified. |
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(8) |
The
auditing of the accounts shall be effected by one or more of
the countries of the Special Union or by external auditors,
as provided in the financial regulations. They shall be
designated, with their agreement, by the Assembly. |
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